O'Hare v R [2011] NSWCCA 252

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: O'Hare v R [2011] NSWCCA 252 Hearing dates: 17 November 2011 Decision date: 25 November 2011 Before: Whealy JA at [1] Simpson J at [2] Hoeben J at [39] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - plea of guilty - single charge aggravated robbery contrary to s 95(1) Crimes Act 1900 -circumstance of aggravation use of corporal violence - finding of special circumstances - whether undue weight placed on applicant's criminal record - prior conviction for manslaughter - similarity between offences - use of violence - drug and alcohol addiction - interstate criminal record - no error demonstrated - whether sentence manifestly excessive - sentence within available range - leave granted - appeal dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Thomson R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 Category: Principal judgment Parties: Jeremy O'Hare (Applicant) Regina (Respondent) Representation: Counsel W Hunt (Applicant) S Bowers (Respondent) Solicitors Legal Aid (Applicant) Director of Public Prosecutions (Respondent) File Number(s): 09/249956 Decision under appeal Citation: N/A Date of Decision: 2010-09-28 00:00:00 Before: Syme DCJ File Number(s): 09/249956